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01 May 2008
Issue: 7319 / Categories: Case law , Law digest
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Civil litigation

Carver v BAA plc [2008] EWCA Civ 412, [2008] All ER (D) 295 (Apr)

In the context of the new Pt 36, where money claims and non-money claims are treated in the same way, “more advantageous” is an open-textured phrase, permitting a wide-ranging review of all the facts and circumstances of the case in deciding whether or not the judgment, which is the fruit of the litigation, was worth the fight. Part 36 encourages both sides to make offers to settle.

Compromise is better than contest, for the litigants concerned, for the court and for the administration of justice as a whole. Litigation is time consuming and it comes at a cost, emotional as well as financial. Those are, therefore, appropriate factors to take into account in deciding whether the battle was worth it. Money is not the sole governing criterion (Lord Justice Ward LJ at paras 30–31).

Issue: 7319 / Categories: Case law , Law digest
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MOVERS & SHAKERS

mfg Solicitors—Tracy Ashby

mfg Solicitors—Tracy Ashby

Birmingham partner returns to private client practice

No5 Barristers’ Chambers—Ian Tullett, Daniel Griffiths & Marc Forrest-Thomas

No5 Barristers’ Chambers—Ian Tullett, Daniel Griffiths & Marc Forrest-Thomas

Set introduces C-suite leadership team to support continued growth

Coodes Solicitors—17 promotions

Coodes Solicitors—17 promotions

Firm promotes 17 lawyers, including five new partners, across multiple practice areas

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The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Employers are being urged to prepare now for far-reaching employment law changes taking effect in January 2027
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